SONIA BHASKAR,NEW DELHLI V. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI, DELHI

ITA 5649/DEL/2024

AI Insights

Sonia Bhaskar appealed against the order of the National Faceless Appeal Centre (NFAC), which sustained the addition of Rs.1,25,89,601 as long-term capital gain from the sale of immovable property. The property was sold for Rs.24,65,00,000, while the stamp duty value was Rs.37,32,71,500. The DVO valued the property at Rs.28,42,68,000. The main contention in the appeal was the inclusion of the old construction's value in the DVO's report, which the assessee argued should not be considered as it had no market value. The Tribunal dismissed the appeal, agreeing with the NFAC's decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 790119 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: misc
• Appeal Filed On: 07-12-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA
• Keywords: Sale consideration of property below Jantri Value; Value adopted by valuation officer

Judgement Text

"P a g e | 1 ITA No.5649/Del/2024 Sonia Bhaskar (AY: 2018-19) IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5649/Del/2024 (Assessment Year: 2018-19) Sonia Bhaskar B22 Maharani Baghi Delhi- 110065 Vs. National Faceless Assessment Centre Delhi – 110002 \u0001थायीलेखासं./जीआइआरसं./PAN/GIR No: AABPS2386J Appellant .. Respondent Appellant by : None Respondent by : Sh. Manish Gupta, Sr. DR Date of Hearing 16.09.2025 Date of Pronouncement 28.11.2025 O R D E R PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 08.11.2024 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in DIN & Order No : ITBA/NFAC/S/250/2024-25/1070196936(1) arising out of the order dated 09.09.2021 passed u/s 143 r.w.s 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the National Faceless Assessment Centre, Delhi (hereinafter referred to as the “AO”) for AY: 2018-19. Printed from counselvise.com P a g e | 2 ITA No.5649/Del/2024 Sonia Bhaskar (AY: 2018-19) 2. None appeared for the assessee at the time of hearing and report is filed by the Ld. DR that the assessee was duly served by the notice which were handed over, thus no further opportunity of service is justified. The ld. DR was heard and record perused. 3. The case was selected for scrutiny assessment and it was found that assessee along with two other persons has sold immovable property for Rs.24,65,00,000/- whereas stamp duty value of the same was Rs.37,32,71,500/-. On request of assessee the DVO report was called who had valued the property at Rs. 28,42,68,000/-, accordingly, addition of Rs.1,25,89,601/- as long term capital gain was made which has been sustained by the ld. CIT(A). 4. The main contention of the assessee was that the inclusion of the value of old construction, as DVO report does not mention about the demolition of old structure and construction of new building and that old structure has not market value. Ld. CIT(A) has considered the recitals of sale deed to dismiss the objection and we find no reasons to interfere in the same. The appeal is dismissed. Order pronounced in the open court on 28.11.2025 Sd/- (Manish Agarwal) Sd/- (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 28.11.2025 Rohit, Sr. PS Printed from counselvise.com P a g e | 3 ITA No.5649/Del/2024 Sonia Bhaskar (AY: 2018-19) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com "